A vessel may be unseaworthy because of an inadequate or incompetent crew, including the presence of especially dangerous seamen on the crew; or an assignment of an insufficient number of men to a task; or the. failure to properly maintain equipment; or the failure of equipment under normal and proper use; or misuse of even non-defective, otherwise seaworthy gear; or ‘any other unsafe part of the vessel and appurtenances, or any defective gear used; or the lack of a safe means of boarding and departing the vessel.

The shipowner’s duty to provide a seaworthy ship is absolute, continuing and may not be delegated to a third party. This means the shipowner is responsible for the dangerous condition aboard a ship regardless of who created it. The shipowner’s lack of knowledge or lack of opportunity to correct such conditions, or the shipowner’s diligence are irrelevant. If the ship or its equipment or crew (or the relevant part) was unseaworthy and such unseaworthiness was a proximate cause of an injury to plaintiff, then the shipowner is liable to the plaintiff. It is the shipowner’s duty to provide a ship, equipment and crew which are reasonably fit for their intended purpose.